A producer of hand-pounded poi shall not be required to process poi in a certified food-processing establishment or be required to obtain a permit from the department of health, if the producer:

(1) Sells hand-pounded poi directly to consumers;
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(2) Prepares hand-pounded poi adjacent to permanent or temporary hand-washing facilities; and
(3) Complies with rules adopted by the department to protect the health and safety of the public.

The department shall adopt rules pursuant to chapter 91 to effectuate this section no later than December 31, 2011.

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